The decision where and with whom your child will live the majority of the time, after your divorce, ideally will be made by both parents and sanctioned by the court, determined in the child's best interest. Usually it is one of the parents and that person is the custodial parent.
The court also recognizes the need for the noncustodial parent (also referred to as the "parent of secondary or alternative residence) to have time with the child, unless there are major issues (like a history of domestic abuse) that would make such a decision contrary to the child's best interest.
Deciding these very important issues requires the assistance of the experienced divorce attorneys at the Law Offices of Steven P. Monaghan, L.L.C. Call locally 732-852-7102 or toll free 800-705-8295 to schedule your free initial consultation.
Types of Physical Custody in New Jersey
There are many different types of custody arrangements and parenting time schedules that the parties can apply depending on their circumstances.
Some divorcing parents opt to a more traditional parenting time schedule, which includes dinner visits as well as overnight visitation every other weekend. Other divorcing parents seek schedules that provide equal parenting time to both of them.
In making a determination of physical (and legal) custody, a New Jersey court will consider several factors established in law. They include:
1. The parents' ability to agree, communicate and cooperate in matters relating to the child
2. The parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse
3. The interaction and relationship of the parents and siblings
4. The history of domestic violence, if any
5. The safety of the child and the safety of either parent from physical abuse by the other parent
6. The preference of the child when of a sufficient age and capacity to reason so as to inform an intelligent decision regarding custody
7. The needs of the child
8. The stability of the home environment offered
9. The quality and continuity of the child's education
10. The health of the parent
11. The geographical proximity of the parent's home
12. The extent and quality of the time spent with the child prior to or subsequent to the separation
13. The parents' responsibilities
14. The age and number of the children
No matter how the divorcing parents feel about each other, deciding who has physical custody of the child should always be made in the child's best interest.
Want To Be Sure Your Child's Best Interests Are Protected? Call Us.
Because we have been helping parents like you make sure that the decision regarding physical custody is the very best for the child for more than 18 years, we can help you, too. Contact the experienced lawyers at the Law Offices of Steven P. Monaghan, L.L.C., in Red Bank. Call locally 732-852-7102 or toll free 800-705-8295, or go online to schedule your free initial consultation.